SHRI SURESH GARODIA Vs. NIYAZ AHMED KHAN

JUDGEMENT

(1.) The decree-holder is before this Court in a petition under Article 227 of the Constitution of India partially assailing the order dated 3.11.2019 passed by the learned District Judge, Gurugram on the ground that it has been passed with material irregularity by failing to exercise jurisdiction vested in him under Order 21 Rule 22 (l)(a) of the CPC. The Judge is seized of an execution application filed by the petitioner for issuing warrants of attachment against the respondents in implementation of the order passed by the Arbitrator under Section 17 of the Arbitration and Conciliation Act, 1996 (for short, 'Arbitration Act') as amended up to date. The Arbitration Act confers power on the principal Civil Court at Gurugram to supervise and enforce the orders under Section 17 of the Arbitration Act, where the venue of arbitration is within his jurisdiction although the corpus/property lies in the State of Assam.

(2.) The interlocutory order under Section 17 of the Arbitration Act was passed by the Arbitrator on 3.11.2019 granting interim measures of protection over matters falling in direction 10(a) therein related to shares with which the petitioner has no immediate concern, where the arbitrator held that he had no hesitation in allowing the application (S.17) restraining the respondents, their servants, nominees, directors and share holders of M/s Starline Hotels Limited situate at GS Road, Christian Basti in front of Mizoram House, Guwahati, Assam from doing the following acts :-

(3.) And more importantly, to abide by the following directions contained in Para No.lO(b) of the order of the Arbitrator restraining the respondents from :-